But that (above) is not his current mugshot. That (above) is Berty's mug shot from February, 2016, when he was arrested for a "Scheme to Defraud" (because of the dollar amount in Berty's case it was a third degree felony) from a prior work-related criminal case... a case for which he was on probation when he was more recently arrested on Friday, May 26, 2017. (His current mug shot is below.)

In his 2016 case Berty was reportedly caught trying to artificially inflate his sales figures at T-Mobile to get a bigger commission. Well he got probation instead, and now Berty faces an imminent PVH - a Probation Violation Hearing - which could net him 5 years in prison independent of his new felony charge.

And I don't suspect that either Berty's Judge or prosecutor will be too happy with him once they learn that, while serving his probation Berty unlawfully accessed female customer's cell phone, viewed and then decided to e-mail himself a sexually explicit video.

According to police, at around 4:40 pm on Friday, May 26, a woman walked into the T-Mobile store at 9600 66th Street North in Pinellas Park and Berty accepted the chore of repairing her phone. After the device was rebooted and reactivated, the female customer noticed that someone had opened her email account, that a sexually explicit video that was stored on her phone was sent to an unfamiliar electronic address and that e-mail address turned out to be none other than Berty's.

Berty, is apparently tech-savvy enough to repair a cell device but is also too freaking stupid to understand the concept of an electronic fingerprint.

F.S. 816.06 is the "hacking" statute and it lists a variety of crimes against computers, electronic devices and users of the same. In this case, the customer gave Berty permission to access the phone to fix it; she did not grant him the authority to view her stored porn, and surely there was no license for Berty to e-mail the customer's porn to himself.

Memo to Roberto Sanchez Ramos: I'd've though that you'd've learned your lesson about exceeding expectations after your Scheme to Defraud arrest but there you go... exceeding again. But this time I don't think that it'll work out so well for you. Apparently you had a Grand Theft case in 2012 that was dismissed by way of your successful completion of PTI, then you picked-up your felony STD (not sexually transmitted disease... get your mind out of the gutter... Jesus... one little mention of porn and that's where you go... shame on you... SCHEME TO DEFRAUD) and now you have a new felony arrest (on seriously creepy charges too boot)...

Memo to Roberto Sanchez Ramos continued: Here is my prediction: There are not many "constants" in the law but I'm pretty comfortable in predicting that in your case neither your prosecutor nor your Judge will look favorably upon your decision to squander the opportunity that you were given to serve a community based sanction instead of being in custody by willfully and substantially violating the terms of your probationary sentence - especially where your violation came in the form of a new substantive felony arrest of a seriously creepy variety.

Memo to the Folks: Being on probation is an alternative to incarceration. It is a gift of sorts, albeit it is given by an Indian giver who can take it back at any time (the alternative being jail). It behooves you to remember that at all times while serving your probationary period. It may help to think of your time on probation as walking on a tightrope. Stray just a little to either side, lose your concentration or balance even for a moment and you fall. However, instead of landing on the ground you land in jail or prison.

When it comes to the subject of "Cops, Courts and Constitutions" you should always have a skilled and experienced criminal defense attorney who is focused on serving your interests. While we can't stop the cops from arresting you, as your legal counsel Michael A. Haber, PA will ensure that your rights are respected from the moment that representation begins and that any abuses which may have occurred beforehand are remedied.

THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!